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SB-224 California Environmental Quality Act: baseline conditions.(2017-2018)

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Date Published: 04/06/2017 04:00 AM
SB224:v98#DOCUMENT

Amended  IN  Senate  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 224


Introduced by Senator Jackson

February 02, 2017


An act to amend Sections 21080, 21100, and 21151 of add Section 21083.02 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 224, as amended, Jackson. California Environmental Quality Act: baseline conditions.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires the Office of Planning and Research to prepare and develop guidelines for the implementation of CEQA by public agencies. CEQA requires the office to transmit the proposed guidelines to the Secretary of the Natural Resources Agency and requires the secretary to certify and adopt the proposed guidelines. CEQA requires the office, at least once every 2 years, to review the guidelines and to recommend proposed changes or amendments to the guidelines.
This bill would prohibit the lead agency, in determining the baseline physical conditions by which a lead agency determines whether a project has a significant effect on the environment, from considering the effects of certain actions on the environment. require the office, on or after January 1, 2018, at the time of the next review of the guidelines, to prepare, develop, and transmit to the secretary proposed changes or amendments to determine the baseline physical conditions by which a lead agency determines whether a project has a significant effect on the environment. The bill would require the office, in developing the recommendations to limit the consideration of modifications to the environment at the project site cause by certain actions. The bill would require the secretary to certify and adopt the recommended proposed changes or amendments.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21083.02 is added to the Public Resources Code, to read:

21083.02.
 (a) On or after January, 1 2018, at the time of the next review of the guidelines prepared and developed to implement this division pursuant to subdivision (f) of Section 21083, the Office of Planning and Research shall prepare, develop, and transmit to the Secretary of the Natural Resources Agency recommended proposed changes or amendments to determine the baseline physical conditions by which a lead agency determines whether a project has a significant effect on the environment. In developing the recommendations, the Office of Planning and Research shall limit the consideration of modifications to the environment at the project site caused by either of the following:
(1) Actions undertaken without an environmental review pursuant to paragraph (2) or (4) of subdivision (b) of Section 21080.
(2) Actions that are unpermitted or illegal at the time the action was undertaken.
(b) Upon receipt and review, the Secretary of the Natural Resources Agency shall certify and adopt the recommended proposed changes or amendments prepared and developed by the Office of Planning and Research pursuant to subdivision (a).